PANKAJ Vs. STATE

JUDGEMENT

(1.) By these three appeals, the appellants challenge the common impugned judgment dtd. 23/8/2019, convicting all the three appellants for causing hurt to Ajay Kumar and committing the murder of one Bharat ("deceased") by stabbing him. All the three appellants also challenge the impugned order on sentence dtd. 28/8/2019 directing them to undergo imprisonment for life alongwith a fine of ?5,000/- each and in default rigorous imprisonment for 3 months for offence punishable under Sec. 302 of the Indian Penal Code, 1860 ("IPC"); and to undergo simple imprisonment for 1 month for offence punishable under sec. 341 IPC; as also simple imprisonment for 1 year for offence punishable under sec. 323 IPC.

(2.) Brief facts of the case are that on 2/9/2011 at about 12:30 pm, the complainant/eye witness Ajay Kumar (PW-1) along with his friend Bharat (deceased) went to Sarvodaya School, A-2 Block, Janakpuri, as he had to take an amount of ?500/- from one Deepak. On Deepak's refusal to give the money back, Ajay snatched Deepak's mobile phone of make Sony Ericson and gave the same to his friend, Mohd. Mohsin (PW-14) who was studying in class 11th of the said school, and thereafter, Ajay and Bharat returned to their colony. At around 1.30-2 pm on the same day, Ajay and Bharat again went to the school and Ajay called Mohsin from the mobile phone of Bharat, wherein Mohsin informed that Deepak along with his mother and 2-3 boys came to his class and asked for the mobile and he handed over the same to Deepak. Mohsin also informed Ajay that those boys were in search of him and Bharat. Thereafter, while both Ajay and Bharat were returning back to their colony, the three appellants who were on a red Pulsar stopped them in front of Shanti Home Guest house, A-1 Block, Janakpuri. As per Ajay Kumar, appellant Ankit caught Ajay and appellant Aman caught Bharat and started beating them. During quarrel, both Ajay and Bharat tried to escape but were caught by them again. Thereafter, appellant Aman took out a knife from his pant and hit Bharat thrice on his chest, then on his left hand near the wrist and then on his left side rib. Bharat started screaming and in the meanwhile, Ajay managed to rescue himself and ran towards his colony. All the three boys escaped from the spot. On receipt of information DD No. 26A dtd. 2/9/2011, IO Insp. Prabhu Dayal (PW-23) at PS Janakpuri along with SI Sikander Roy (PW-26) and HC Rajiv (PW-21) reached DDU Hospital where the injured namely Bharat was declared brought dead, obtained the MLC (Ex.PW-10/A) of the deceased whose body had already been sent to the mortuary. Thereafter, IO met the eye witness/ complainant Ajay Kumar (PW-1) in the hospital and recorded his statement on which rukka was prepared resulting in registration of FIR No.283/2011 under Sec. 302/34 IPC dtd. 2/9/2011 at PS Janakpuri.

(3.) The MLC (Ex.PW-10/A) was conducted on 02/9/2011 at 3.30 pm by Dr. Rita Baruah, DDU Hospital. She reported that the body of deceased Bharat was brought in casualty in an unconscious state, pulse and BP were not recordable, pupils bilateral dilated and fixed, no respiratory and heart sound were heard and ECG showed straight line, hence, the patient was declared brought dead.